All language subtitles for law.and.order.s09e10.dvdrip.xvid-ingot

NARRATOR:
In the criminal justice system

the people are represented
by two separate,
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

This comes out
on 104th.

Dr. Ashworth's gonna be mad
if I'm not back by 1:00.

Don't worry.
I'll get you back.

Cecilia.

Look. Somebody
dropped this.

What is it?
I don't know.
You open it.

(GASPS)

It's a diamond ring.

Yeah, how about that?

We have to turn it in.

No.

You keep it.

No, we can't do that.
It's somebody's...

Tino, you're crazy!

I love you, Cecilia,
and I want you in my life.

Oh, my God, Tino!

Oh, my God!

She's alive.

The girl died
on the way to the hospital.

She say anything?

No. No ID on her.

EMS figured her
for 15 or 16.

Found a set of
house keys right here.

Plastic heart. "Happy."

Penlight.

"Quickpro Printing."
Midtown.

What else?

Found a pair of lady's
wire-rim glasses
right here,

blood on the frames.

Drag marks leading up
to the tree.

This pipe here
has blood and hair on it.

Same deal
with the stick.

There were bruises
all over her body.

They hung her up
and beat her like
a pi�ata.

Very festive.

They went one better.

TASCHE: We counted
a dozen rocks
with traces of blood.

Festive and biblical.

Yeah. Yeah, I sent out
a few hundred of these

couple of months ago,
when we opened. Why?

It was found
at a crime scene.

Do you still have
the list of people
you sent them to?

Yeah, probably.

What kind of crime?

Homicide. It was
on a key chain.

Key chain?

BRISCOE: Yeah,
on a blue heart.
Said "happy" on it.

Who...

Who was killed?

WOMAN: Oh, God.

Christina. My baby.

She had glasses, uh,
silver, wire-rim?

We found a pair
like that.

What time did Christina
leave for school
this morning?

Uh, 8:00. She goes
to Brandeis High.

She... She takes the bus.

BRISCOE: She usually
go with friends?

No.

Uh, she doesn't know
a lot of people.

I relocated my business
from Philadelphia
three months ago.

She wanted friends.

But it's not easy
for her.

Was she...

Was she violated?

CURTIS: The M.E.
Doesn't think so.

Um, did she
have a boyfriend?

No.

She ever cut school?

FATHER: No, never.

She helped out
with her brothers.

Weekends she spent
at the print shop.

She was never
any trouble.

She always tried
to be nice.

She just wanted people
to like her.

She ever make it
to school?

She took her
first three classes,
then she cut out.

Parents said she had
a knapsack with her
when she left home.

Wasn't in her locker
at school.

Get people to search
the park and the area

all the way
to Columbus Avenue.

We called the MTA
about her bus pass.

Good. She was strangled
with a dog collar?

A choke chain.

Any chance forensics
can trace the manufacturer?

Looks pretty new.
Leather handle has
a unique design. Why not?

Well, keep in touch.

Lennie.

What's up?

The mope that
shot my daughter?

DOA in the East Village.
Heroin overdose.

Drug problem has
an upside, huh, Lennie?

Solved my problem.

(RINGING)

Curtis. Where?

We'll be right down.

Her bus pass turned up.

I didn't steal no bus pass.
That's my bus pass.

You're Christina Osborne?

Yes, sir.

This is Christina Osborne.
That look like you?

Mmm-hmm. That's me.

And where'd you
get this bus pass?

Mayor Giuliani
gave it to me.

He give you
these, too?

Course not. I got them
from my travel agent today.

I'm going on vacation.

Monserrat?
Where?

All these are for Montserrat
in the West Indies.

I'm taking a bus there.

Where's your travel agent?

He must've picked
them out of the trash.

I tossed five boxes
of outdated pamphlets
yesterday morning.

I thought Montserrat
was one of the
jet-set hotspots.

Too hot. Most
of the island
got buried

under five feet of
volcanic ash last year.

Uh, this one's mine.
That one belongs to
the hair salon upstairs.

LENNIE:
Okay. Here we go.

Besides the homeless man,
you see anyone else
messing with this stuff?

I don't keep
my eye on it.

Anybody wants to
steal my garbage,
they're welcome to it.

Hello, Christina Osborne.

Well, we got CD's,
we got one, two,
three t-shirts,

make-up kit,
socks and underwear.

Toothpaste
and toothbrush?

The LUDs for the Osborne's
phone showed two calls

to one of the girl's
friends in Philly.
Lori Summers.

One call was a week ago.

Second one was
Thursday afternoon.

The day before
she was killed.

A 20-minute call.

Have you talked
to Miss Summers?

We called. The mother said
the girl's still in school,
won't be home till dinner.

Well, she'll probably be
more talkative in person.

In person?

What, you sending us
down for cheese steaks?

If you bring me back
some scrapple.

We just talked
about stuff, you know,
like school and boys.

Just stuff.

If you don't mind,
Mrs. Summers, we'd like
to talk to Lori alone.

(DOOR CLOSING)

Lori,

if you want to help us
find the people who did
this to Christina,

you're gonna have to
tell us everything.

Even things
that she asked
you to keep secret.

Did she tell you she was
going to run away?

She wasn't running away.

CURTIS: Then where
was she going?

She could just be
so dumb sometimes.

What do you mean?

She said she was going
to this big party out
in the sticks, on a farm,

with these friends she made.

She wanted me to meet her
and she sent me this flyer.

I couldn't believe it.
She didn't have a clue.

A clue about what?

That's what she sent me.

CURTIS:
Nuremberg, Pennsylvania.

I told her I wouldn't go.
I'm Jewish.

And what'd
she say?

She didn't get it.
She just wanted me to
meet her dumb friends.

It's not possible.

My daughter wouldn't
get mixed up
with creeps like this.

Didn't sound like she knew
what she was getting into.

Any idea who these
friends might've been?

Nazis?

Nobody jumps out.

Uh, let me
check something here.

See, that's printed
on special-order stock.

Last month I did
a job with the same
kind of paper.

Same color.

I had five reams left over.
Now I have four.

Could one of your employees
have printed this?

It had to be on an evening
I wasn't here.

Could be Jessica Buell.

She works part-time
and I've seen her talking
with Christina.

So I talked to her, big deal.

She's my boss's daughter.
I'm not gonna be
rude to her.

You see her
last Friday?

When she was killed?

No. I was at school.

I go to
Queens Vocational.

And last weekend?

I was at my boyfriend's.
Why're you asking?

We're busybodies.

What's your boyfriend's
name and address?

Derek Harland.

13516th Avenue.

In Whitestone.

I was there all weekend.

Oh, yeah? What'd
your parents say
about that?

My dad's driving
a truck in Arizona.

My mother works
a double shift
at Brightman's.

They got
other things
to worry about.

I gotta go, okay?

Me and Jessie stayed in bed
the whole weekend.

Except for going
to the can.

No road trips
to Pennsylvania?

We had our
own party going.

What about
Friday morning?

I did stuff for my moms.

Like I gotta take her
to do the laundry
right now.

See? You got her
all worried about me now.

For nothing.

Derek was here all weekend,
with his girlfriend.

BRISCOE:
They never went out once?

I don't know.

I worked Saturday
and Sunday at Target.

Why?

A young girl was hurt
in the city.

Uh, where was he
Friday morning?

He did errands for me.

He's a good kid.

Sure.

I'm gonna need
a recent picture of him.

I don't have any
recent picture.

Is everything all right,
Mrs. Harland?

Yeah, sure.

And where's Mr. Harland?

He's a merchant seaman.

We're divorced,
since Derek was nine.

So it's just
you and Derek, huh?

Yeah.

You guys are a real
pain in the ass.

These aren't
very good pictures.

Yes or no, Mr. Zarkin?

Okay, no.

Thanks a bunch.

CURTIS: Last Friday,
around noon or 1:00,

they might've put something
in that dumpster over there.

Oh, I saw some kids,
about three or four of them
getting into a van.

What kind of van?

Well, it was black,
with a skull on it.

It didn't look like
a Good Humor truck.

All right, thanks.

Get a warrant,
hook up Derek's van...

There weren't any fibers
or fluids in the van we could
trace back to the victim.

I found vegetative
debris that could've
come from any city park.

Still waiting
for the good news.

I found the remains
of various insects
on the radiator grille.

Including three
fresh specimens of
the Papaipema Moth.

This is very exciting.

Oh, we can hardly
contain ourselves.

The Papaipema Moth
is found in only
five counties

in eastern Pennsylvania,

near Hickory Run Park.

Didn't your suspect say
he wasn't in Pennsylvania?

Well, maybe this bug
took a wrong turn
on the interstate.

You took
a wrong turn, Derek.

You lied to us.

A witness made
and your van
on Franklin Street Friday.

Wasn't me.

Oh, it was you,
all right.

You and your friends
killed Christina, then
you ditched her knapsack,

then you drove off
to your little
Nazi hoedown.

I was in Queens.
You ask my moms.

Does that make you feel like
a big man, having your mommy
lie for you like that?

Shut up!

You better sit
your ass down, kid.

My house, my rules,
now, sit down!

Hell with you!

I want a lawyer! Now!

He was home all weekend.

That's all there is to that.

He's got one
hell of a temper.

Gets it
from his father.

He damn near
broke the table in
the interrogation room.

He do that
at home a lot?

Hit things?

He hit you?

If I get in the way.

He always been like this?

He's gotten worse.

Do you want
to help him?

She was just 16.

She was supposed to go
with Derek and his friends
to Pennsylvania.

But something happened.

He left Friday morning.

I didn't see him
till Monday.

What about his friends?

I heard Derek tell someone
on the phone

they're still on that farm
in Pennsylvania.

They're just like him.

They scare
the hell out of me.

(HONKING HORN)

SERGEANT: Earl Burnett?

He's back at the house.

Tell him Frank Shepard
of the State Police is here

to execute
a New York State
arrest warrant

for four juveniles.

Their names are
on the warrant.

If Mr. Burnett
refuses to turn them over,

I'm authorized to
come on his property
and look for them.

And to seize anything else
I might find in violation
of State regulations,

including that
modified AK.

Take a seat.
Keep your mouths shut.

Train back to New York
leaves in half an hour.

Back to their mommies
and daddies and lawyers.

(SIGHS) I might have to
break the speed limit

getting you guys
to the station.

We wouldn't want you
to do that.

Uh, when's
the next train?

Three hours.

You got some coffee?

That's a load of crap!

Derek wouldn't talk to you.

Then who told us
where to find you?
An 8-Ball?

He put all
the weight on you.

He's selling that,
and the DA's buying it.

Load of crap.
Derek's my white brother.

Oh, and I'm sure he'll come
visit you every other Sunday.

Now you got
two hours, Phillip.

Once we get on that train,
we stop listening.

That's just a load, man!

I ain't listening
to this beaner anymore!

You! In here. Let's go.

Let's hang fire
on these humps.

I got a feeling about
the last kid, Stymons.

I think
he's a bleeder.

Uh, Peter Stymons.

Your ID card
says you're 18.

You know what
that means, don't you?

What?

Adult correctional facility.

Sing Sing, Attica.

Your buddies will be
going to juvie hall.

It's like summer camp.

You don't have much time
to help yourself.

We can't control what happens
when we get to New York.

You understand?

You want to tell us
what you all did
to Christina?

Come on, kid.

You show us some respect
and we'll look out
for you, okay?

(SCOFFS)

Forget it, Lennie.
Kid doesn't even
respect himself.

Derek's girlfriend,
Jessica,

told her to meet us
in the park.

Derek hit her first,
with the pipe.

We all hit her.

We hung her up,
we must've hit her
a hundred times.

We wanted her dead.

Why? Wasn't
she one of you?

She ratted on us.

She told her Jew friend
we were going to the farm.

She was gonna tell
everything. We had
to shut her up.

What everything?

The stuff we do.

We stomp fags and kikes
and niggers, man.

We kick ass
for the white race.

Don't look so pleased
with yourself.

They plead not guilty,
Your Honor.

The People intend
to try each of the
defendants as an adult.

And we ask for remand.

Your Honor...
They killed
a 16-year-old girl

with a viciousness
rarely seen in
this jurisdiction.

Four of the defendants
escaped to Pennsylvania.

They're all being
investigated for
other hate crimes...

Got it, Miss Carmichael.
Bail's denied.

CALDWELL: Your Honor,
pursuant to CPL 210.43,

I request the case
against Peter Stymons
be removed to family court.

Why? Mr. Stymons is 18.

As a matter of fact,
he turned 15 last month.

His parents are here
with his birth certificate.

This looks in order,
Miss Carmichael.

I don't see how
the People can object.

Peter Stymons
is remanded to
the juvenile authorities.

Motion to suppress
Peter Stymons' statement.

He's underage.

Police shouldn't
have talked to him.

The cops check his age?

The kid was carrying
a fake ID that said
he was 18.

The kid is
out of luck.

The cops made
a good faith mistake.

Then I won't
worry about it.

US attorney called to ask
if there's a civil rights
prosecution here.

Far as we can tell,
this wasn't a bias crime.

The victim was
one of their own.

What's the matter,
they run out of
people to hate?

Mr. Stymons had
what looked like
a valid ID

that gave his age as 18.
You can't penalize
the police for his subterfuge.

Phony ID?
Isn't the drinking age 21?

My client told me
he needed the ID
to buy cigarettes.

Well, let me give
him another reason
to stop smoking.

I'm gonna deny the motion,
Miss Caldwell.

There's more to it
than a fake ID.

Instead of following procedure
and taking my client
back to New York

on the first
available train,

the police held him
in Pennsylvania
for three hours.

Your Honor,
there could be 100
legitimate reasons

why they took
a later train.

CALDWELL: Prove one.

Did the police
give you a reason,
Mr. McCoy?

No.

I'm sorry. I can't
bend backwards
that far anymore.

The statement's out.

So now you can't use
the statement against
any of them?

That's exactly right.

I hope you can pull
this one out of the crapper.

Any prints on
the murder weapons,
the pipe, the rocks?

Nothing useable.

CARMICHAEL: What about
the clothes the kids
were wearing?

No fibers or fluids
from Christina.

JACK: What are you saying?

The police department
is no match for six
mouth-breathing skinheads?

We got one lead.

Forensics tracked down
the manufacturer of
the choke chain.

They're supposed to
get back to us

with the name of
their wholesaler
in the Northeast.

Why don't you
get back to them?

(BUZZER BUZZING)

The girl from the pet store
where you bought the chain
remembered you.

She remembered you told her
your dog's name was Derek.

You know damn well
she had nothing
to do with it.

You have a dozen
witnesses who saw her
at Queens Vocational

at the time
of the murder.

And we have her
fingerprints in the van.

Her lies to the police,
her buying the chain

and luring Christina
to the park.

Your friends may have
delivered the death blows,

but you conspired
with them.

But I didn't know.
Jessica, hold on.

She'll plead
to obstruction.

She denies any
foreknowledge
of the murder.

That's it?
I want names.
I want testimony.

Let's hear it.

Christina was asking
all kinds of questions,
about what we were doing.

She said she was
gonna tell her dad.

I told her forget that.

I told her if she
wanted to be our friend

she had to
come out to the farm.

I told her Derek
was gonna pick her up.

And what were you
planning to do with her?

JESSICA: Just take her
to the farm,

you know, scare her,
to shut her up.

After Derek came to pick
me up with the others,

he told me
what they did to her.

I couldn't believe it.

You know, she just wanted
to be our friend.

Derek said Willis
told him he had to,

we had to get
rid of traitors.

Who's Willis?

Tom Willis.

Derek hangs out
at his place in
Commack all the time.

A lot of skins go there.

He's on the Internet,
he has a newspaper.

He's what?
A white supremacist?

He's just down for his race,
that's all. You know...

White pride, worldwide.

Jessica don't know
what she's talking about.

Christina never
showed up.

Derek, now
is not the time...

Oh, hell, yeah,
now's the time.

Jessica's a lying bitch!

So you never
heard of Tom Willis?

You're damn right
I heard of him.

You do what
he tells you to?

He tells white people
to respect ourselves,

to respect our kind.

He talks the truth
about white America.

He tells us God meant
for white people

to have dominance
over all the beasts!

Mr. Harland!

He tells us the white race
will never die out!

So to hell with all you
punk-ass lawyers...

Mr. Morrison, if your client
doesn't shut up...

What kind of
a white man are you?

You work
for the Jews!

Guard.

(BUZZER BUZZING)

I want Tom Willis.

CARMICHAEL: Detective Price
from the intelligence unit
thinks he can help us.

PRICE: Raymond Stoller
is facing 10 years mandatory

in a second offense
weapons possession.

He knows Mr. Willis,

he's been to his meetings,

and he's willing
to help in return
for consideration.

Now we think
he can deliver.

Deliver what exactly?

An incriminating statement
by Mr. Willis.

What? He's gonna
wear a wire?

No wire.

I don't aim on
getting killed.

CARMICHAEL:
His word against Willis'?

That'll impress the jury.

I want a cop with him,
to witness the statement.

STOLLER:
I'm cool with that.

Who?

(SCOFFS) Not you, Pancho.

Or the soul sister.

Hey, I wasn't gonna
volunteer anyway.

Mo, can you come in here?

This is Detective
Morris LaMotte.

What?

Perfect.

Hey, Tom.

Ricky. Long time.

I want you to meet
a buddy of mine.

Brian,
this is Tom Willis.

Hey.

Rick fill you in
on the program?
Yeah.

Like what you see?

Oh yeah, so far.

How are your
legal problems?

Going inside.

You got friends there.

Including the five skins
just got popped for
killing that girl.

You hear about that?
Oh, yeah.

Oh, you know them?

Could be, could be.

Get yourselves
another beer.
I'll talk to you later.

Willis rope-a-doped
us all night.

But, uh, it wasn't all
a waste a time.

I bought one
of his tapes.

WILLIS: White people have
got their work cut out.

We got the Jews and the mud
people out to destroy us.

We got these sexual deviants
infecting our country
with their immorality.

White people have got to be
prepared for technological,
barbaric warfare.

It could happen tomorrow...

BRISCOE:
Nice crowd shot.
... it could happen today.

There were more tapes
like this one?

I was told the guy
records all his speeches.

Derek Harland
and his pals might be
on one of the tapes.

If it shows them with Willis,
it might corroborate
Jessica's story.

Let's get a warrant
for these tapes,

and one for Willis.

What charge?

Detective LaMotte said,

he saw alcohol
being served to minors.

Before my very eyes.

Everybody's welcome
at my house.

Every white body.

We got sodas, hot dogs.
Weekends, people
bring their families.

But I never met these kids.

And what about
Christina Osborne?

You ever hear of her?

Is she one of the minors
I allegedly served beer to?

No. She's the 16-year-old
girl your stormtroopers
beat and strangled.

Let's get
one thing straight.

I don't have stormtroopers.

I don't have members.
I don't have an organization.

I put out a newsletter.
I receive contributions.

You preach violence and hate
to a bunch of skinheads.

I tell white Aryan people
to stand up for their
God-given rights.

A little Nazi philosophy
along with their
beer and pretzels?

You got your opinion.
I got mine.

Now, can I just
pay my $2 and go?

... gotta stand up
for themselves!

(ALL CHEERING)

Anything?

Yeah. Detective LaMotte's
getting real good
with the remote.

Can we just skip
the formalities
and shoot Willis?

There.

Isn't that Harland?

(TAPE REWINDING)

VAN BUREN: Shaking hands
with Willis on the left?

This was shot
four months ago.

It's not enough.

It's personal contact
between conspirators.
It's corroborative evidence.

It corroborates that
Willis is a friendly guy.

I'm sorry, guys.

We have no evidence
of an agreement
between Willis and Harland,

no evidence of an overt act
by Willis in furtherance
of the conspiracy.

We have to
bounce him.

Get up, Adolf.

The name's Willis.

Whatever. You'll
be given a summons
for violation of section 65

of the Alcoholic
Beverage Control Act.

Then you can go.

WILLIS: Free at last.

Free at last.

Thank God Almighty
I'm free at last.

Forget about Willis.

You have your
hands full with
those mixed-up kids.

Willis is the fountainhead
of their brilliant behavior.

Nice rhetoric.

Can you prove that
he had direct involvement
in the girl's death?

No.

By the way, how is
that murder case?

We have the choke chain
purchased by
Harland's girlfriend.

Inconclusive.

She bought a chain,
not the chain.

We have Harland's
admission to his girlfriend.

Very conclusive.

From a witness
whose credibility
is unassailable?

Not out of the woods yet.

We need to turn
one more kid.

There's that 15 year old,
Peter Stymons.

He talked once.
He might talk again.

I'm offering you
a three-year minimum
instead of nine.

It means you don't go
to adult prison.

It's a good offer,
Peter.

I don't know.
My Aryan brothers
are gonna...

Shut up with that crap!

My old man took a bullet
fighting the Nazis.

I'll be damned
if his grandson is gonna
stand up for that garbage.

Peter, please,
do what they want.

Okay.

You'll testify
about the murder?

Did Tom Willis tell you
or Derek what to do
with Christina?

No. We never talked
to him about her.

But he always said, you can't
put up with no traitors.
You gotta get rid of them.

You told the police
you assaulted gays
and other minorities.

Mmm-hmm.

Me and Derek
and Jimmy Parnell.

Who's Jimmy Parnell?

He works with
Mr. Willis,
organizing and stuff.

Him and us curbed
a fag in the city.

Curbed?

Yeah, you know,
break his jaw
against the sidewalk.

That's covered under
the plea agreement,
Mr. McCoy.

WILLIS ON TV:
That's right. That's
what we like to see.

White youth standing up
for their race and not
backing down.

The police
arrested Parnell.

They matched his prints
to another hate crime
in Albany last year.

Good. We might need him.

Look at this.

WILLIS: It's been great
visiting with the young
Hammerskins here in Brooklyn,

getting out the message
to kick ass on the
homosexuals and Negros.

(CROWD CHEERING)

How about you, son,
you kick ass sometime?

MAN: Uh, yeah.

I bet you kick some
ass about every day.

Yes, sir.

That's right.

That's what
we like to see.

White youth standing up
for their race and not
backing down.

(CROWD CHEERING)

White pride, worldwide.

ALL: Yeah!

It's disgusting.
What's your point?

Willis advocates
hate and violence
to a group of kids

he knows are violent.

He tells them to
eliminate traitors.

That makes him
criminally responsible
for Christina Osborne's death.

Mmm. Without proof
he conspired.

I'm not charging him
as a co-conspirator.

I'm charging him
as an accomplice.

All I have to prove
is that he commanded
or caused them

to kill Christina Osborne.

Caused them how?
With his lectures
to a crowd?

Yes.

Isn't that free speech,
covered by
the First Amendment?

This isn't speech.

These are
commands to kill.

Make out
the arrest warrant.

The Supreme Court
said it 80 years ago,
in Schenck v. US.

The only question is
whether the words create
a clear and present danger

that they'll cause
substantive evils,

which we have
a right to prevent.

And 50 years later,
the Court refined
the question.

Whitney v. California.

My client's words have
to be likely to produce
imminent lawless action.

JACK: Which is what
Mr. Willis was
looking to do.

In speech after speech,
he exhorted violent teenagers

to quote,
"Attack Jews, Negros
and homosexuals"

and said, quote,
"That any white person who
disagrees with white power

"is a traitor who has
to be destroyed."

His words may be on the fringe
of the First Amendment,

but they are
clearly protected.

My client was simply
voicing his opinions.

He was pulling the trigger
till the gun fired.

Your Honor, every
Supreme Court ruling

that speech posed a clear
and present danger
involved treason.

Mr. Willis is not advocating
the violent overthrow
of the government.

JACK: The First Amendment
is a living, evolving thing.

The clear and present danger
test was never meant
to apply to treason

to the exclusion
of everything else.

You must've mistaken me
for a braver man, Mr. McCoy.

I'm not about to race
ahead of the Supreme Court
on free speech.

You're not.
The court already
affords less protection

to speech that
becomes conduct.

Mr. Willis' words
were exhortations

that became commands.

Commands are conduct...

Uh, Your Honor, a command
requires criminal intent,

it also requires
the expectation of
the result offense.

Which are facts
for a jury to decide.

Point well taken, Mr. McCoy.

Mr. Latimer, I'm denying
your motion to dismiss.

See you at trial.

Willis' crony
Jimmy Parnell

has agreed to testify
in return for a plea
on the gay-bashing.

Ludwick, Bassett
and Kneller

have all pleaded to
15-to-life on murder two.

Derek Harland?

He won't talk to us.
He's a lost cause.

He figures being convicted
alongside Willis

will improve his
standing in prison.

Or he hopes the jury'll
be so distracted

by your assault
on the First Amendment,

they'll forget
to convict him.

You think what Willis did
is protected speech?

I nearly resigned
from the ACLU

when they defended that
racist march in Skokie.

Nearly.

I never joined the ACLU.

But I still think
what you're doing
is dangerous.

Holding an extreme racist
liable for a crime
he inspired?

Maybe you think he has
the right to yell fire
in a crowded theater.

I can quote
Oliver Wendell Holmes, too.

The ultimate good
is better reached
by free trade in ideas.

The government
shouldn't interfere.

I'm with Hugo Black on this.

First Amendment guarantees
are absolute.

Except for conduct.

Even Justice Black didn't
think that defacing the flag
was protected speech.

Willis' speeches
aren't conduct.

His audiences are
15, 16, 17 years old.

We already restrict speech
directed at minors.

Cigarette advertising,
pornography.
Why not hate messages?

You can wring your hands
all you want to. I'm putting
Willis out of business.

Mr. Willis told us
that there was gonna
be a racial holy war.

And the white Aryan people
had to get ready for it.

What else did he tell you?

Uh, he said that there
were traitors everywhere
and we had to get rid of them.

And you believed
what he told you?

Yes, sir.

I thought about it
all the time.

JACK: Did you discuss
these views with your parents

or with friends who
weren't skinheads?

No, sir.

Mr. Willis said don't
trust nobody who wasn't
for the white race.

Thank you.

Peter, did Mr. Willis
ever tell you or
Derek Harland

to kill or injure
Christina Osborne?

PETER: No, sir.
He never mentioned her.

Now before you ever
met Mr. Willis,

uh, did you receive
psychological counseling?

Yes, sir.

Would you please
tell us why?

Uh, I hit my
kid brother, Davey.

In fact, you gave
him a concussion
and broke his arm, didn't you?

Yes, sir.

So, wouldn't it be fair to say
that you were an angry
and violent young man

long before you ever
heard of Mr. Willis?

I guess so.

PARNELL: I've worked
for Tom Willis the
past four years,

recruiting young people
for his meetings.

What kinds of kids
did you target
for recruitment?

Kids with
emotional problems,

bad homes,
problems at school,
you know.

JACK: Kids like
Derek Harland?

Yes, sir. I met
him at a club.

I got him talking about
his mom and dad

and I could tell
he had a problem
managing his anger.

Did you tell this
to Mr. Willis?

Yes, sir.

And Tom saw Derek
get out of control

at the meetings,
you know, yelling,
carrying on.

Did he ever comment
about Derek's behavior?

Uh, yes, sir.

Tom told me
Derek was gonna
kill somebody someday.

He just hoped
it'd be a Jew,

or a homosexual,
not one of us.

Mr. Parnell, to your
knowledge, did my client
ever tell anyone

to kill or injure
Christina Osborne?

PARNELL: No.

Now you're testifying today
as a term of a plea bargain,
isn't that right?

Yes.

For brutally attacking
a gay person?

Yes.

On my client's orders?

No.

In fact, you never heard
my client order anyone

to attack any specific
person, isn't that right?

That's right.
Except in self-defense.

No further questions.

Nothing for this witness,
Your Honor.

Rebuttal, Your Honor.

Mr. Parnell,

you said Mr. Willis
would tell you to attack
people in self-defense.

Could you explain that?

Well, he'd tell us to
provoke a violent incident
and claim self-defense.

Like, if you say a gay man
made a pass at you,

then you can get away
with stomping his ass.

WILLIS: I'm just an educator.

I tell young white people
to study their heritage,

to be proud of it,
to build up their self-esteem.

Now, I'm very sorry
Miss Osborne was killed.

I wished the young people
who did it had come
to me first.

Because I have never told
anybody to commit murder
and do violence.

Thank you.

You educate young people?

Yes.

You teach them to love
their fellow man?

I teach them to love
all white Aryan people.

What about the other races?

They're not my concern.

You teach young people
to turn the other cheek?

I favor another part
of the Bible.

An eye for an eye.

JACK: You prepare them
for a racial holy war?

I teach them
survival skills.

Like slamming someone's
head against the curb
and breaking their jaw?

No.

Isn't it a fact, Mr. Willis,
that you teach young
people to hate?

No.

I tell them what can
be done to eliminate
hatred between the races.

By eliminating
the other races?

No.

People's 49.

"Our racial hatred

"is nothing more
than an internal
defense mechanism

"that nature has
blessed us with.

"Hatred is not something
to shy away from,

"to dread or to avoid.

"Hatred is our friend.

"Embrace it."

This is an excerpt
from one of your tapes.

You teach young people
that hate is good.

Hate's not good.

It's just necessary.

JACK: Like killing?

WILLIS:
Only in self-defense.

How about killing
innocent women and children

because of their race?

Is that also
a necessary evil?

No. I never taught that.

People's 50.

"If Hitler killed
six million Jews,

"then it was
an evil necessity,

"and I hate the Jews

"for making
the Holocaust necessary."

This is what you poison
young people's minds with?

These are the lies you teach?

Come on, Mr. Willis,
aren't you proud
of your words?

I have a constitutional
right to say that.

And I have
a constitutional obligation

to make you bear
the consequences, Mr. Willis.

Withdrawn.

Hey, I'm ordering
barbecue. You in?

Thanks, no.

Milkwagon Drivers
Union of Chicago v.
Meadowmoor Dairies.

1941.

Reaching for the obscure?

"Utterance in
a context of violence

"can lose its significance
as an appeal to reason

"and become part of
an instrument of force."
"...an instrument of force."

"Such utterance was not
meant to be sheltered
by the Constitution."

Felix Frankfurter.

I'd forgotten the case.

But not the heart of it.

Willis didn't incite a mob
in the middle of a riot.

His hate just
breeds more hate.

Doesn't serve
any other purpose.

Jack, I wish we could
shut him up, too,

but as officers of the court,

our constitutional obligation
is to protect, not stop,

even the most
controversial speaker.

Abbie, I know how
thin the ice is.

So does Willis.

He thrives by exploiting
these gray areas in
the First Amendment.

If we want to hold him
accountable for what he says,

this is as good
as this kind of case gets.

He's not worth gutting
the First Amendment over.

Well, if that's what
I'm doing, I'll get
slammed on appeal.

Still worth
taking a shot.

Congress shall pass
no law abridging
the freedom of speech.

Pass no law.

Mr. McCoy
is trying to get around
the Constitution

by calling
what my client
said conduct.

By Mr. McCoy's
definition,

any kind of communication
involves conduct,

except maybe ESP.

He claims my client
commanded Mr. Harland

and the others to
kill Christina Osborne.

Well, he must've
commanded them using ESP.

You have heard
witness after witness testify

that Mr. Willis
never told them
to kill or harm

Miss Osborne.

All Mr. McCoy has
are my client's speeches.

Obnoxious, vile, racist,
hate-filled speeches.

And since those
speeches did not

cause a clear and present
danger of imminent
criminal action,

you must, in good conscience,

acquit my client.

JACK: Of course Mr. Willis
never said, "Kill
Christina Osborne."

Adolph Hitler never said,
"Kill this Jew or that Jew."

But there's no
doubting his intent,

nor the result
of what he did say.

The defense paraphrased
Supreme Court Justices
Holmes and Brandeis.

I think you should hear
what they actually wrote
in 1927.

"No danger flowing
from speech

"can be deemed
clear and present,

"unless

"the incidence of
the evil apprehended

"is so imminent
that it may befall

"before there is opportunity
for full discussion.

"If there be time
to expose the evil

"by the processes
of education."

When we talk
about free speech,

we mean the exchange
of ideas,

dialogue, full discussion.

Where was the opportunity
for discussion in
Mr. Willis' world?

He handpicked
unstable young people.

He told them to associate
only with those who
thought the way they did.

And then he filled
their heads

with suspicion, paranoia,
hate and violence.

Prepare for war.
Destroy traitors.

Violence is necessary.

Hate Jews,

African-Americans, gay people.

Hate is your friend.
Embrace it.

And he expects us to believe
that he didn't intend
them to be violent?

That he couldn't foresee
somebody might get killed?

Who's he kidding?

The First Amendment protects
words that persuade.

It doesn't protect
words that incite.

That's what Mr. Willis did.

That's why
it's called murder.

JUDGE: Mr. Foreman,
have you reached verdicts
as to both defendants?

FOREMAN:
Yes, Your Honor, we have.

JUDGE: As to the defendant
Derek Harland,

on the sole count
of the indictment,
murder in the second degree,

how do you find?

We find the
defendant guilty.

JUDGE: As to the defendant
Thomas Willis,

on the sole count
of the indictment,
murder in the second degree,

how do you find?

We find the defendant guilty.

(CROWD MURMURING)

I don't see
the Willis conviction
surviving an appeal.

The worse thing about this
is, there's plenty more
where Willis came from.

If I thought we could
stop hate with one
prosecution or one law,

I'd be a fool.
Yeah.

But you'd be
my kind of fool.